Intestacy Rules

[Leafhead23]

Thanks in advance for any replies..

My Great Aunt passed away a couple of weeks ago. She died suddenly and although had drafted a will never got the chance to sign it. I am aware of her wishes.

Her husband passed 2 years ago, they never had any children. Her sister (my grandmother) died 5 years ago. My mother died 13 years ago. My mums brother is still alive but is disabled, despite being 70 he has the mental capacity of perhaps a 5 year old.

Following the above and (other then my Uncle) myself and my brother are the closest blood relatives to my great Aunt. My Aunts estate consists of a house with no mortgage valued at around £200k and around £30k in savings. No debts to speak of other then paying for funeral.

We are going to seek legal advice on this but are uncertain whether we would be considered close enough family to inherit. We also have concerns if the whole estate passed to my Uncle and whether the government/who ever runs his care home would then have the estate.

It is a very stressful situation as My Great Aunts husbands side of the family who were included in the will are stressed out and contacting me fearing they will get noting as well....

[PallasAthena]

gov.uk has an Intestacy checker that will work out who inherits what.

Intestacy - who inherits if someone dies without a will? - GOV.UK

Your Uncle's lack of mental capacity does not affect his entitlement to inherit under intestacy rules although it would affect who gets control of any money he inherits.

Probate will be needed as there is a property involved. The "most entitled inheritors" can apply for Probate and be appointed as the Administrators of your Great Aunt's Estate. The intestacy checker should identify who that is.

https://www.gov.uk/government/public...-is-not-a-will

[UPDATE] I had a quick look at that, putting in the information you gave, which suggests that if your Grandmother was your Great Aunt's only sibling then you and your brother inherit the whole Estate and are entitled to apply for Probate as the Adminstrators. However I don't know who "My Great Aunts husbands side of the family" are and whether that would affect entitlement. As her husband died two years before she did I doubt they have any entitlement.

From the very brief details we have of your Great Aunt's Estate it sounds as if it might be straightforward in which case you (if you are entitled to apply for Probate as the Administrator) can probably deal with it yourself without the need for a solicitor, especially if the intention would be to sell the house and then divide up the cash in the Estate to those entitled to receive it. The rules of who gets what are all specified in Intestacy law.

[Leafhead23]

Thank you very useful.

Do you think it will be difficult to apply for grant of probate For either myself or brother as our Uncle would technically be the closest blood relative but would not be able to deal with due to reduced capacity ??

[PallasAthena]

Your uncle is your mother's brother so is also the son of your grandmother? Did the intestacy checker say he was the 'the most entitled inheritor'?
I think I confused him with your Gt Aunts husbands side. So if he and your mother were nephew and niece of your Gt Aunt looks like your Uncle you and your brother share the estate.

I suggest you speak to the Probate helpline and ask their advice on whether just you and your brother can apply for Probate. They may say you need to take legal advice from a solicitor.

Probate Call Centre Telephone: 0300 303 0648
Monday to Friday, 9am to 1pm
Closed on bank holidays
Find out about call charges
Email: contactprobate@justice.gov.uk

Who has legal responsibility for your Uncles financial affairs? They may be entitled to apply for probate as well.

Who is paying his care home fees? If the local authority then they may well take most of his inheritance to put towards their costs but it isn't something I know enough about to comment.

[PallasAthena]

EXC my post on here just now got removed by the system as suspected spam. Can it be recovered?

[EXC]

Done.

[PallasAthena]

EXC I edited it to add some extra information for OP and the system thinks I'm spam again!!

[Pezza54]

According to the government intestacy checker and on the proviso you have covered all relatives (living or deceased) of your great aunt:
Your great aunt's estate is shared between your uncle and your late mother's estate. You and your brother should receive 25% each of your great aunt's estate and your uncle 50%
Your great uncle's relatives are right to be worried. Under the intestacy rules his side of the family are disinherited

You stated his side of the family were included in your great aunt's will which, unfortunately, is invalid because it was not signed.
If you, your brother and your uncle's attorney are in agreement, a deed of variation to the intestacy rules could be drafted to provide financial provision to his side of the family.

[PallasAthena]

If the local authority is funding care home fees might a deed of variation be considered to be a deliberate deprivation of assets which the council could recover from those who had benefitted?

[Pezza54]

Possibly but would be unfair. The unsigned will with the great aunt's wishes could be shown to the LA before the deed of variation is drafted to establish if an official agreement with the LA can be reached